The democrat instead wants to cross party lines and vote for a Republican – like John Kasich – since he knows Clinton can’t win.

But state law prevents that. So Koller came to court, his lawyer Melody Kramer said, “asking he be protected from criminal prosecution if he places his presidential electoral vote for someone other than Hillary Clinton.”

Koller’s request for a restraining order on any possible arrest was denied, so he filed for an emergency hearing with the Ninth Circuit Court of Appeals.